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Ontario|Human RightsHuman Rights 835 Remedies available at a Board of Inquiry If discrimination or harassment is proven, the Board of Inquiry has very broad powers to order parties to do whatever is necessary to ensure that the Human Rights Code is complied with. The purpose of human rights remedies is not to punish the wrongdoer but to put complainants into the position that they would otherwise have been in if the discrimination had not occurred. Monetary and non-monetary remedies are available.
- Monetary remedies
There are 5 monetary remedies that can be ordered by the Board. They are:
1) General damages for the right to be free from discrimination. To date, the highest awards in Ontario have been in the range of $10,000 per violation of the Ontario Human Rights Code;
2) Damages for mental anguish to a maximum of $10,000 per violation of the Ontario Human Rights Code;
3) In employment cases, damages equivalent to the wages lost less mitigation earnings;
4) Other special damages such as expenses reasonably incurred as a result of the discrimination or harassment; and
5) Interest on any of these remedies.
If the Board determines that there are multiple instances of discrimination or harassment, multiple awards of general damages may be ordered.
Boards of Inquiry do not have the power to order respondents or complainants to pay the other side's legal costs, regardless of who wins. However, the Board may order the Commission to pay a respondent's legal costs where the Board of Inquiry dismisses a complaint under certain circumstances.
Even though lawyers' fees are not recoverable at a Board of Inquiry, they may be taken into account if the parties reach a settlement amongst themselves at the Board of Inquiry or prior to the Board of Inquiry, such as during the Commission's mediation process.
- Non-monetary remedies
Examples of non-monetary remedies that the Board can order include job reinstatement, adoption of non-discrimination plans by the respondent, apologies and staff training.
For further information or advice, you can contact the Ontario Human Rights Commission listed on the Legal Line Guide and website. For legal advice, you should consult a lawyer.
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